NHA awarded lot

Hello po. Hingi po sana ako ng legal advice. Sana po matulungan nyo ako.

Last month lang po namatay ung nanay ko. May naiwan syang property (house and lot) sa Manila. Yung lote is already awarded by the NHA at fully paid na sya, and the property is a conjugal property nila ng tatay ko. Ang tatay ko po buhay pa (kami po ang legal family), pero matagal na silang magkahiwalay.

Yung conjugal property po nila na yun ay dun po tumira yung nanay ko at ung second family nya. And now, wala na si nanay, ano po ba ang karapatan ng second family dun sa naiwang property nya?

Yung tatay ko pa rin po ba ang legal na may ari nun?

We agreed na kung ibebenta ung property is equal sharing kaming mga anak (2 legitimate at 1 illegitimate) even we know na 1/2 of 1/2 share lang ng legitimate ang dapat makuha nung half sister namin.

Ung NHA title po ay nakapangalan pa rin sa NHA kahit fully awarded na at fully paid na dahil sa hindi naasikaso ung pagtransfer ng title.


Plan ko po sana is ako na lang ang bibili for sentimental value at in memories ng nanay ko. But ung half sister ko ayaw mapunta sa akin, gusto nya siya rin ang bibili. Ano po ba ung right or power nya to acquire the property? What if hindi nya iwaive ang share nya? Makukuha ko pa rin po ba ung property kasi malaki naman ang share namin ng kapatid ko at ung tatay ko gusto nya sa akin na lang mapunta kesa mapunta sa iba or sa 2nd family ng nanay ko.

Sana po matulungan nyo ko.

Thanks

My Tagalog is bad. I didn't understand some, as if you have any sibblings other than the half sibbling.

Was it a separation made proper or just moved appart?
If proper, wasn't the ownership of the property made when they separated?

If I understand corect, your halfsibbling is at your father's side. Corect?
A. If so and the property was splited at separation:
You (and your WHOLE sibblings if you have any) get WHOLE.

B. If half sibbling at father's side, and the property was NOT separated when they separated.
Your father get some more than half. You (and WHOLE sibblings) get the rest. The half sibbling get nothing now.
When your father die, you will get more, but then the half sibbling wlll get part of THAT part.

If your half sibbling is at your mother's side, I can tell that after you have told that. Was the half sibbling born inside marriage?

Above is what the law say can be demanded, but of course you can be nice and split equal with the half sibbling anyway

Thank you for replying Lunkan..

I have 1 Kuya (older brother) and 1 half sister (younger than me). 2 legitimate and 1 illegitimate child.

My parents are not legally separated.
The ownership of the property was made when they are still together.
My halfsister is in my mother side. My mother died already.
My father is still alive.
The "other family" -my halfsister and her dad is still living in the conjugal property of my parents. I dont have any issue with my halfsister but I really dont like her dad's attitude, can I demand him to get out of the conjugal property?

Our Plan A is to sell the property and equally divided to 3 siblings, but I changed my mind, I want to buy it in memory of my mom. The problem is my halfsister dont like to waive her share. What's the best thing to do.

Gusto ko lang din naman po mabawi ung property na dapat naman ay sa amin.

so the half sister is the child of your mother? was she born while your parents were married or before?

In any case, when your mother died, the heirs which include her became co-owners of her estate. and as co-owner, she also has the right to use the property.

if you wanted to sell the property to a third person, then the legal remedy would have been an action for partition and the court would likely have auctioned the property and partitioned the proceeds. but this question is whether a co-owner can use partition to compel another co-owner to her. my opinion is that partition is still the best remedy; you will just have to be the winner at the auction.

My halfsister is the child of my mom with the other man, she was born within the marriage of my parents.

I know she has the right to use the property, but how about the other man? wala di po ba? whatif he still insist to stay to the conjugal property? what legal action we should do?

I want to buy the property, kesa mapunta sa ibang tao. but whatif my halfsister will insist not to sell her share to me? my father and brother is OK with selling/giving their share to me, it means majority kami. can we force my halfsister to sell her share since illigitimate naman sya at maliit lang ang share?

Then your FATHER own a bit more than half of the property. (Around) 5/8.
If you are kind and count your half sister as equal as you and your brother, you get 1/8 each.

When your father die, then you and your brother have right to half each of your father's part. (To split with other half sibblings if your father get any more child.

I don't know if you have any right to get your mother's second man out.
IF not, you can try to bluff telling you will kick him out if he don't start behaving good.

I don't know, but I don't believe you can force your half sister to sell,
BUT legaly she has right to only HALF as much as you and your brother., so you can OFFER her equal share in exchange to she agree to sell.

you cannot force her to sell; but you can go to court to enforce partition and be the buyer at the auction when the property is sold.

Thanks for answering my queries.

The property is still under the name of "NHA". We need to transfer the title because it is already awarded and fully paid

Questions:

if ever my halfsister will sell her share to me, what is the next step for us to transfer the title? is it thru extrajudicial settlement?

I'm separated with my husband for almost 7 years, not yet annuled, if I buy the property, is it considered as our conjugal property?

To avoid this from being a conjugal property, can I declare it as my "inheritance" from my parents?

If yes, what is the needed document to be processed?

thanks

Follow up lang po....

I hope somebody could answer my queries...

I really need your legal advise

up ko lang po..

up ko lang po:

The property is still under the name of "NHA". We need to transfer the title because it is already awarded and fully paid

Questions:

if ever my halfsister will sell her share to me, what is the next step for us to transfer the title? is it thru extrajudicial settlement?

I'm separated with my husband for almost 7 years, not yet annuled, if I buy the property, is it considered as our conjugal property?

To avoid this from being a conjugal property, can I declare it as my "inheritance" from my parents?

If yes, what is the needed document to be processed?

thanks Smile

"To avoid this from being a conjugal property, can I declare it as my "inheritance" from my parents? "
That can not be if married after 1988.

The rest I don't know for sure:
"I'm separated with my husband for almost 7 years, not yet annuled, if I buy the property, is it considered as our conjugal property? "
Is it legal proper made separation?
If Yes, then I BELIEVE it's your separate by you got it after the separation.

"if ever my halfsister will sell her share to me, what is the next step for us to transfer the title? is it thru extrajudicial settlement? "
Well. Normaly such are done BEFORE separate ownership among hiers, but it has to be done before selling to be legal cleared the seller have right to sell.
Between you, you can buy anyway, but then the ownership would be fuzzy as many other ownerships are but you can't get title in your name without that process.

Thanks Lunkan for replying...

We got married (civil) last May 2007. Does it mean, I can't declare the property as my inheritance?

We are just separated but not legally, he just ran away from us and have a new family. We dont have any contact for almost 7 years and also got no financial support for his kids.

My worry is if I buy that property, it is still considered as our conjugal property. Is there any other way to avoid this?

Dho143 wrote:Thanks Lunkan for replying...

We got married (civil) last May 2007.  Does it mean, I can't declare the property as my inheritance?

We are just separated but not legally, he just ran away from us and have a new family. We dont have any contact for almost 7 years and also got no financial support for his kids.

My worry is if I buy that property, it is still considered as our conjugal property. Is there any other way to avoid this?

It would be conjugal.

I don't know, but I BELIEVE it's solved if you make a legal separation BEFORE you buy it.

In any case if your husband would demand any, you have counterclaims because of the missing support and he has breaken the support law by that. But better if you can make the property clearly yours. Otherwice you get problem if toy want to sell it or lease it out.

If the seller don't want to wait for the money I have an idea how to solve it, but you better check it with a lawyer:
You LEASE the property.
You LOAN the sell price money to the "seller" with the property as collateral. Similar rent as the lease fee.* (Low.) REGISTER it so you don't risk seller sell it again.
You get a document saying you can/will (depending od what the seller find ok) buy the property for the NOW agreed price.

*Perhaps you will need to give the seller a bit more, because of the inconvinience for him. Or perhaps not if the seller is happy he got a buyer = you

Lunkan wrote:

Dho143 wrote:Thanks Lunkan for replying...

We got married (civil) last May 2007.  Does it mean, I can't declare the property as my inheritance?

We are just separated but not legally, he just ran away from us and have a new family. We dont have any contact for almost 7 years and also got no financial support for his kids.

My worry is if I buy that property, it is still considered as our conjugal property. Is there any other way to avoid this?

It would be conjugal.

I don't know, but I BELIEVE it's solved if you make a legal separation BEFORE you buy it.

In any case if your husband would demand any, you have counterclaims because of the missing support and he has breaken the support law by that. But better if you can make the property clearly yours. Otherwice you get problem if toy want to sell it or lease it out.

If the seller don't want to wait for the money I have an idea how to solve it, but you better check it with a lawyer:
You LEASE the property.
You LOAN the sell price money to the "seller" with the property as collateral. Similar rent as the lease fee.* (Low.) REGISTER it so you don't risk seller sell it again.
You get a document saying you can/will (depending od what the seller find ok) buy the property for the NOW agreed price.

*Perhaps you will need to give the seller a bit more, because of the inconvinience for him.  Or perhaps not if the seller is happy he got a buyer = you  

I got this from an online forum:

“Art. 109. The following shall be the exclusive property of each spouse:

(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title;

(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the husband.”


I'm planning to acquire the property by paying my brother and halfsister using my own money.. Is it still considered as conjugal? Is it covered by Art. 109. # 4?

Is it possible to transfer the property thru a "Gratuitous title"?

Property laws aren't my speciality. I have no idea if there are such exception in the Philippines (for after 1988).

Is the forum you did read concerning the Philippines?

Lunkan wrote:Property laws aren't my speciality. I have no idea if there are such exception in the Philippines (for after 1988).

Is the forum you did read concerning the Philippines?

I got it from Executive No. 209 July 6, 1987
The Family Code of the Philippines

Chapter 4. Conjugal Partnership of Gains, Sec 2 Art 109

Dho143 wrote:

Lunkan wrote:Property laws aren't my speciality. I have no idea if there are such exception in the Philippines (for after 1988).

Is the forum you did read concerning the Philippines?

I got it from Executive No. 209 July 6, 1987
The Family Code of the Philippines

Chapter 4. Conjugal Partnership of Gains, Sec 2 Art 109

Then you knew more than I

"(4) That which is purchased with exclusive money of the wife or of the husband.”"
I BELIEVE that push us back to what I wrote earlier about solving it by becoming LEGALY separated, because before that's done I BELIEVE you can't have any "exclusive money" because you were married after that law changed. I believe that because otherwice wouldn't the many conjugal properties be conjugal.

Thanks for the answers Sir Lunkan...

Another question po:

NHA will issue a deed of sale to me, I'm married but not yet legally separated, my exhusband need to sign on the deed of sale. That's a big problem for me coz I dont know where he is right now, for almost 8 yrs we dont have any contact anymore... is there any other way to do the deed of sale without the signature of my exhusb? I heard about the affidavit of separation from spouse. is it possible?